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17-8083 - Montiel-Guarda v. USA

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17-8083 - Montiel-Guarda v. USA
January 5, 2018
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REPORT AND RECOMMENDATION - IT IS RECOMMENDED that Movant's Motion to Vacate, Set Aside, or Correct Sentence by a person in Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. 1) be DENIED. IT IS FURTHER RECOMMENDED that a Certificate of Appealability be DENIED because Defendant has not made a substantial showing of the denial of a constitutional right. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. (See document for complete details). Signed by Magistrate Judge John Z Boyle on 1/5/18. (SLQ)
February 12, 2018
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ORDER - Adopting in whole the R&R prepared by Judge Boyle (Doc. 11) and denying as untimely the Motion to Correct his Sentence pursuant to 28 U.S.C. § 2255. (Doc. 1) The Clerk of Court shall enter judgment and close this matter. IT IS FURTHER ORDERED denying a Certificate of Appealability because Defendant has made no substantial showing that reasonable jurists would find the District Courts assessment of the constitutional claims debatable or wrong. Signed by Judge John J Tuchi on 02/12/2018. (KAS)